Magazine Publishers of America
After several years since draft rules were first promulgated, the FTC’s final rules for the 2003 Can Spam Act took effect on July 7th. The final rules help to clarify the requirements applicable to emails whose primary purpose is to promote or advertise commercial products or services.
One of the new requirements is that marketers must offer a “one page” opt-out function or simple reply mechanism so that consumers do not have to click through multiple web pages in order to opt-out of future email solicitations. As requested by MPA in comments filed in 2007 the FTC kept the time required to honor opt-out requests at 10 days. MPA and others had opposed the FTC’s proposal to shorten the compliance period to three days. MPA and many other commenters also asked the FTC to allow one entity to be the official sender for opt-out purposes, rather than requiring opt-outs from every sender, such as advertisers in an online newsletter. Now, as long as one entity is in the “from line,” processes the unsubscribes, and meets the definition of a “sender” under Can Spam, the FTC has ruled that this is an adequate opt-out provision.
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